2026 06 11

Scottish Judge Kathrine Mackie: “We Must See the Person Before We See the Crime”

D. Morozovos nuotr.

During the afternoon sessions of the World Apostolic Congress on Mercy, Scottish judges David and Kathrine Mackie spoke about Scotland’s prison and justice system, why so many young offenders repeatedly return to prison, and whether it is possible to break this cycle.

Kathrine Mackie became a judge in 1978. She initially specialized in civil law and later developed expertise in medical law. Throughout her distinguished career, she served in various courts across Scotland, including the High Court of Justiciary and courts in Edinburgh. However, perhaps her most significant contribution to the Scottish justice system has been her person-centered approach to those who have committed crimes.

“We have to consider the circumstances of the person who committed the offense,” Mackie explained. “Many young people who end up in prison have experienced severe trauma, struggle with mental health issues, and often come from extremely difficult backgrounds. On top of that, the human brain does not fully mature until around the age of twenty-five. No one wakes up one morning and decides to become a criminal.”

According to Mackie, it is therefore essential that the justice system does not inflict further trauma and does not trap people in a pattern of repeatedly returning to prison.

Kevin’s Story: From Addiction to Helping Others

Today, much of Mackie’s work focuses on helping people successfully rebuild their lives after prison and avoid reoffending. Unfortunately, like Lithuania, Scotland has one of the highest incarceration rates in Europe. Yet Scotland has also become home to innovative initiatives led by former prisoners themselves.

One such initiative is Aid & Abet, a program in which former inmates help current prisoners prepare for life after release.

The project began with a prisoner named Kevin, with whom Mackie developed a personal connection. Early in the legal proceedings, Kevin told her that he simply wanted to get to prison as quickly as possible and believed he was fit for nothing else. At the time, he was stealing to support his drug addiction.

Mackie spent a great deal of time talking with him, learning about his upbringing and life experiences. She regularly asked what she could do to help him change. Even after sentencing, she continued to visit him in prison.

Over time, Kevin underwent a remarkable transformation. He began reflecting on his childhood, processing past experiences, and asking how he could build a more meaningful life. While in prison, he also met another man who was inspired by his recovery journey. After their release, the two founded a program for prisoners that helps participants reintegrate into society, recover from addiction, develop practical skills, and, most importantly, gain a deeper understanding of themselves in order to create lasting change.

But the process is far from easy.

“For prisoners, admitting that they carry trauma and that they are not fully in control of their situation is incredibly difficult,” Mackie said. “Yet it is the only path that allows real change and personal responsibility to emerge.”

Scotland’s Reforms Are Reducing Repeat Offending

Alongside the work of organizations such as Aid & Abet, Scotland has developed what is widely regarded as one of Europe’s most progressive state-run rehabilitation and reintegration systems.

Since 2016, community-based justice measures have increasingly been used in place of short prison sentences. In many cases, custodial sentences of less than twelve months are replaced with unpaid community work, allowing offenders to make amends to the communities harmed by their actions.

The results have been striking. The number of people receiving short prison sentences has fallen by 55 percent, while the reoffending rate among those assigned to community service is currently only 28 percent.

These outcomes demonstrate that meaningful change is possible, but it requires the commitment of an entire community.

Social workers play a particularly important role, often serving as the first line of support in preventing further offending and promoting successful reintegration. Psychologists are equally essential, providing assessments and recommending appropriate mental health and addiction treatment.

One especially interesting example of Scotland’s holistic approach involves collaboration with the military. Mackie described the case of a young man who struggled intensely with criticism and would quickly become angry and lose control of his emotions.

He participated in a twelve-day program during which he lived alongside soldiers in a forest environment. There, he learned to work as part of a team, overcome challenges, and develop new ways of solving problems. The experience had a profoundly positive impact on his emotional regulation and significantly reduced the likelihood that he would return to prison.

Mercy as the Beginning of Change

Mackie believes that understanding the reasons behind criminal behavior must come before deciding how to punish it.

“We must first look at the human being standing before us, not simply at their crimes or the punishment they deserve,” she emphasized.

According to her, three elements are essential to genuine rehabilitation: mercy, personal support and attention, and hard work. With the right team and the right support, she believes meaningful transformation is always possible.

When asked whether faith is necessary on this journey, Mackie responded that rehabilitation does not have to be faith-based, although faith can certainly be a source of strength.

“Faith is deeply personal,” she said. “Mercy, for example, is not limited to people of faith. It is an attitude and a way of seeing others that helps accompany each person on a path toward healing, rehabilitation, and ultimately redemption.”